CHAPTER VI.
TWO DRUNKEN NEGRO HOLDUPS MURDER STREET CAR DRIVER JOE WHITNAH—OFFICERS ON THE WRONG TRACK—THE MURDERER TALKS TOO MUCH AND GEN. COOK HEARS OF IT—BOTH MEN SOON IN THE TOILS—GREEN IS HANGED AND WITHERS GOES TO THE PEN FOR LIFE.
The murder of Street Car Driver Joseph C. Whitnah by the two negroes, Green and Withers, is noted not only for the cold-blooded nature of the crime, but for the swift retribution which followed.
Whitnah was shot dead by Andy Green, a negro tough, on the night of May 19, 1886, in the boot of his car, at the Gallup turn-table at Alameda avenue, on Broadway street, in Denver. Green and an accomplice named John Withers, generally known as “Kansas” by his associates, were bent on robbery. Denver did not then have her splendid system of cable and electric cars, but the old-fashioned horse cars in a measure filled their place. These cars carried no conductor, the passenger simply depositing his fare in a little box in the front of the car in sight of the driver, who also carried a box containing change for the accommodation of such passengers as might not have the requisite nickel. Sometimes the driver would have as much as $20 or $25 in his possession—scarcely enough to tempt the average highwayman.
About 10 o’clock on the night of the murder, several parties living in the vicinity of the turn-table heard a shot, then a scream, and then another shot. A number of men ran to the scene of the shooting, but Whitnah, the driver, was dead when they reached him. One or two of them had seen a man running from the scene immediately after the shooting, but whether he was white or black they could not tell.
The police soon arrived, but not a single clue to the perpetrators of the dastardly crime could be obtained. What made the case all the more difficult was the total absence of any apparent motive for the crime. The money box had not been touched, and the young man, who was popular and well liked by every one, was not known to have an enemy in the world. Another thing which greatly complicated the case, was the number of robberies and holdups that occurred the same night, and the officers vainly tried to connect this crime with some of the others.
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Killing of Street Car Driver Whitnah by Green and Withers.
Since there was apparently no attempt at robbery, many people believed that there was a woman in the case, and Sheriff Cramer and his deputies went so far as to assert they had positive evidence that the crime had been committed by one of the men who was first on the scene, a blacksmith by the name of F. O. Peterson. He was held by the coroner’s jury for several days—long enough for the actual murderers to have escaped had they chosen to do so—but was finally discharged, there being not a particle of evidence against him.
Gen. Cook had taken a great deal of interest in the case from the start. Whitnah had formerly been employed by him on his ranch near Denver, and as he was an honest, industrious and inoffensive young man, Gen. Cook was very anxious to have his murderer caught and punished. Although not connected with either the sheriff’s office or the police department at the time, Gen. Cook had gone quietly to work making inquiries on his own account, having confidence in the old adage, “Murder will out.” He soon learned that a negro named Larry Foutz who hung out at a very disreputable Larimer street saloon, had been dropping a hint or two to his associates that he could tell a whole lot about the mysterious murder if he chose, and at once had him brought to the office of the Rocky Mountain Detective Association. Foutz did not deny having knowledge of the crime, but wanted to be assured by Gov. Eaton personally that he would receive the $500 reward which had been offered for the arrest of the murderer in case he gave information that would lead to the arrest of the guilty parties. Gen. Cook at once took him to the governor, who gave him the assurance asked for, and Foutz immediately put Gen. Cook into possession of the principal facts in the case, and enabled him to arrest the murderers within a very few minutes.
Foutz’s story was to the effect that he had talked to Green that evening at the saloon, and that Green had proposed that Foutz and “Kansas” Withers should go out with him and rob a street car driver. Foutz seemed to consider the proposition very favorably, but got very drunk before they got ready to start and was left behind. He talked to Green the day after the killing, and Green told him that the reason they killed Whitnah was that he did not throw up his hands when commanded, as he was turning his car. Green fired a shot to scare him, and he gave a couple of loud screams. Green then stepped closer and shot him through the body, and he immediately fell back dead. Withers was to have secured the money box, but when the shooting occurred he ran like a deer. Green heard a man coming and he followed Withers.
Gen. Cook lost no time in arresting the two men. He went to Chief of Police Hogle and found that Green, who had been arrested and fined for carrying concealed weapons a few days before, was still on the chain gang in North Denver. The patrol wagon was secured, and in less than an hour Green was in jail. Withers was carrying a hod on a new building going up on Arapahoe street. He was at once taken into custody, and confessed his share in the crime before the jail was reached. His confession did not differ materially from the story already related by Foutz, except that he insisted that he was not a party to the killing, having told Green that he would not go along if there was to be any shooting.
Green was much more reticent and could not be induced to talk for a long time. Being told that Withers had already confessed he at length decided to tell his side of the case. He had nothing new to tell as the detectives already knew he was the man who had committed the cruel murder. He denied that he had gone out there with any intention of killing the driver, but simply fired the first shot to scare him, and as the ball was afterward found lodged in the top of the car, his story was undoubtedly true. He said that Whitnah’s screams scared him, and he made another step or two towards him and then fired to kill him, as he said, “To stop his d——d racket.” He then ran after Withers. They then went to their homes and went to bed, and had it not been for Foutz’s talk might never have been suspicioned of the crime.
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Hanging of Andrew Green in the bed of Cherry Creek July 27, 1886.
A mob of several hundred men and boys was formed the night after their capture, to break into the jail and hang the two negroes, but lacking leadership it was soon dispersed by the police.
Public excitement and the danger of lynching induced the calling of a special grand jury, the indictment of Green and Withers and a speedy trial. They were tried separately. On the 22d of June the trial of Green opened. Two days were spent empaneling a jury, and on June 25 he was convicted of murder in the first degree, and sentenced to be hanged on July 27. Withers was allowed to plead guilty to murder in the second degree, and was sentenced to the state penitentiary at Cañon City for life, where he is now serving his time, having made two or three ineffectual attempts to secure a pardon.
The efforts of Green’s attorneys to secure a new trial were unsuccessful, and he was executed on the day set by Judge Elliott, July 27. The scaffold, which was a very simple affair of the “twitch up” variety, was erected in the bend of Cherry creek, directly east of the Smith chapel, West Denver, and about midway between Broadway and Colfax Avenue bridges. The execution was public and free to everybody, and the crowd was estimated at 15,000. Green stepped upon the low scaffold in an easy, careless manner, fully conscious of the fact that he was entertaining the crowd of his life, and deriving no small amount of satisfaction therefrom. He was permitted by Sheriff Cramer to deliver a long rambling speech, in the course of which he advised everybody to beware of drink and gambling halls, which he said had led to his ruin. At the conclusion of his speech the black cap was adjusted, and at 2:20 Sheriff Cramer cut the rope. Green’s body rose slowly into the air and his limbs twitched convulsively for several minutes. At the end of twenty-five minutes he was pronounced dead, and his body was taken down and delivered to the undertakers. The autopsy disclosed the fact that his neck was not broken.
Thus ended the career of as depraved a wretch as ever existed. According to the story of his life, written by him for a local paper, his thieving propensities were early developed, as was his disregard for human life. At the age of fourteen he had shot his father while the latter was chastising him for a theft, inflicting a severe wound. After that he had served sentences in innumerable jails and workhouses for various crimes, principally stealing. He had also served a five-year term in the Missouri penitentiary for a burglary committed at Lexington, a little town near which he was born. The trial and execution of Green scared hundreds of petty crooks away from Denver, and for a long time afterward the city was almost entirely free from holdups and burglaries.
THE ITALIAN MURDERS.